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FTC Blogging Guidelines (or How-To Lose 129 lbs. and $11,000 Fast)

FTC says bloggers must disclose payments from ad companies AND celebrities will be held to account for promotions.

NEW YORK (CNNMoney.com) -- The Federal Trade Commission is going after bloggers, celebrities and tall tales in the first revision of its rules for endorsements and product reviews in nearly 30 years.

The new guidelines, which go into effect Dec. 1, are designed to adapt to a new world in which blogs and social media Web sites such as Facebook and Twitter have quickly become go-to destinations for consumers to get an opinion about a product. The last FTC rules revision was in 1980.

An existing FTC rule that states product reviewers must reveal any connection they have with advertisers was extended to bloggers. Companies will often distribute free products to bloggers for their review, and sometimes advertisers offer payment for endorsements. The FTC said that endorsements on blogs appear to be "word of mouth," but that is not always the case -- sometimes companies create their own blogs that can give the aura of objectivity.

The new rules also clarify that celebrity endorsers of products must reveal their relationships with advertisers when making endorsements if they are pushing a product on a blog, social network or television talk show.

"The test here is, if the relationship were known between the blogger and the advertiser, would that affect the credibility of the endorsement?" FTC assistant director of advertising practices Richard Cleland told CNN. "That question has to be determined on a case by case basis. What we have produced is a general guidance that says in certain cases receiving a free product is not any different than being paid directly for an endorsement."

The FTC also targeted testimonials in ads that convey atypical results for a product. For instance, many weight loss supplement ads will show people who have used the product and have lost large amounts of weight, with a disclaimer at the bottom that reads "results not typical." Under the new rules, the company must disclose the results that consumers should usually expect.

The existing rules carry a fine as high as $11,000 if product endorsers and reviewers don't comply.

"This is great for consumers," said Zeus Kerravala, an analyst with Yankee Group. "There's some doubt about blogs now, because you don't really know whether they're unbiased or not."

"We've gotten to a point where blog rumors could move stocks," said Kerravala. "There have to be some stricter regulations of the Internet. It's long overdue."

But enforcement could prove difficult. Cleland said the FTC won't be hiring new personnel to monitor blogs, creating a "game of whack-a-mole" for regulators, given the numbers involved. As a result, the FTC said it is more likely to go after advertisers rather than bloggers to ensure ad companies are giving product reviewers proper instructions about disclosure compliance.

-- source CNN

COMMENT: Rest assured if you want a DIET plan that really works, go tell a "tall tale" on your blog, wait to get fined $11,000 and then within 30 days (or less) you'll be as skinny as a rail because you can't afford to buy any food. BUT WAIT, THERE'S MORE... these "results are NOT typical," in fact typically when folks lose $11,000 they jump off cliffs, hang themselves, or start living under a viaduct. I think I've covered my butt here, if not, look for me under a viaduct.

Comments (4)

Oct 12, 2009
Steve Sipress said...
Government can not stay out of anything. There goes endorsements.
Oct 30, 2009
MJ Schrader said...
Unbiased reviews would be wonderful... but let's face it, sending products to bloggers means word of mouth, reviews and early "accreditation." from people who might not otherwise buy said product. And biased reviews come no matter what anyway... I won't see any movie with a certain Tom, but will probably watch any movie that contains a "Rock" thereby bias on my part. Fed's thank you for further involvement, agencies and spending money when we are already in debt ...
Nov 17, 2009
Cosmic Connie said...
Sometimes, asking bloggers to blog about something can backfire anyway. A while back I received an email from a book publicist who was handling the campaign for a certain title released by a major publisher of business and self-help books. (I should specify that the publicist was working on behalf of the publisher, not the author.) She said she'd noticed I had blogged about one of the author's previous books, and she wondered if I would be willing to blog about his new book if she sent me a free copy.

I had indeed mentioned the author -- a fairly well-known New-Wage hustledork -- and his book on more than one occasion on my blog, but they were invariably snarky mentions. It would have been clear to anyone actually reading the content that I was no fan of this author or his book. Then again, I thought, perhaps the publicist had actually read my blog, and believed the old axiom that there's no such thing as bad publicity. So after wrestling with my conscience for a brief few moments, and even discussing the matter with some friends of mine, I emailed her back and told her to send it on. She did. I read the book (twice, to give it a fair chance). And I imagine that my resulting blog posts were perhaps not quite what the publicist or the publisher would have wanted.

Dec 05, 2009
T said...
You guys are so hung up on the government being able to judge, if you are biased or not. The point of the law is not to create a police to create objective blogs. There are medical companies buying up every person in sight to write glowing things about their products. It's about docs having a chance to realize that what seems like all their colleagues prescribing the same product, is really a cloaked drug pushing campaign. Drug companies are spending a lot of money to convince doctors to push more drugs. It's free pencils, seminars, lunches. Their latest push has been buying blogger, authors, and researchers to do their bidding.

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